Trevor Morrison on Presidential Immunity
Michael Ramsey
At Lawfare, Trevor Morrison: Moving Beyond Absolutes on Presidential Immunity. From the introduction:
Since the Supreme Court granted certiorari to review the presidential immunity issue in Trump v. United States, much has been said about the Court’s choice to wait until late April for oral argument. If the Court ultimately rejects Trump’s claim of immunity, it is not clear whether there will be time for the trial to happen before the November 2024 election. That is a concern. Equally concerning, at least, is the possibility that the Court might hold Trump immune. We cannot discount the possibility that the timing the Court selected for oral argument could reflect that at least five justices are presently inclined to hold Trump immune and thus are not worried about leaving time for a trial. To hold Trump immune would be a grave constitutional error and a travesty of justice. Yet describing precisely why is not as straightforward as some commentators have suggested. In my view, former presidents are immune from federal prosecution for exercising those powers that the Constitution grants to them exclusively, in ways that Congress may not regulate. But the immunity should extend no further, and Trump’s case involves no such exercise of power.